is being stored
for transportation, or is being or has been transported, shipped, or received;
and

(B)

has not yet been
made available for retail purchase by a customer at the time of the relevant
conduct described in subsection (b).

(b)

Offenses

It
shall be unlawful, using any means or facility of interstate or foreign
commerce, or in or affecting interstate or foreign commerce, to
knowingly—

(1)

steal, take
without authorization, embezzle, carry away, or obtain by fraud or deception a
medical product, or attempt or conspire to do so;

(2)

transport, handle,
traffic in, or store a stolen medical product, or attempt or conspire to do so;
or

(3)

participate, in
any way, in a scheme to alter, forge, or falsify the labeling or documentation
(including documentation relating to origination or shipping) of a stolen or
expired medical product.

(c)

Penalties

(1)

In
general

Any person that violates subsection (b)—

(A)

if the value of
the medical product or products is less than $5,000, shall be fined under this
title, imprisoned for not more than 3 years, or both; and

(B)

subject to
paragraph (2), for any other violation, shall be fined under this title,
imprisoned for not more than 20 years, or both.

(2)

Additional
factors

Any person that violates subsection (b) shall be fined
under this title and imprisoned for not less than 1 year nor more than 20 years
if—

(A)

the value of the
medical product or products is not less than $5,000; and

(B)

the—

(i)

person—

(I)

buys, or otherwise
obtains, a medical product, knowing or with reckless disregard as to whether
the medical product is expired or has been stolen, with the intent to sell or
distribute the medical product;

(II)

sells, or
distributes, a medical product, knowing or with reckless disregard as to
whether the medical product is expired or has been stolen; or

(III)

at the time of
the violation is employed by, or is an agent of, an organization in the supply
chain from which the stolen or expired medical products were removed, including
a manufacturer, wholesaler, repacker, own-label distributor, private-label
distributor, jobber, broker, drug trader, transportation company, hospital,
pharmacy, or security company; or

(ii)

violation—

(I)

involves the use
of violence, force, or a threat of violence or force;

(II)

involves the use
of a deadly weapon;

(III)

results in
injury, including the injury of deprivation of treatment, or death caused by
ingestion or use of a stolen or expired medical product; or

(IV)

is the second or
subsequent offense under subsection (b) committed by the person.

(3)

Civil
penalties

(A)

In
general

The Attorney General may bring a civil action in an
appropriate United States district court against any person that engages in
conduct that violates subsection (b).

(B)

Penalty

In
a civil action brought under subparagraph (A) the court may impose a civil
penalty in an amount not more than the greater of 3 times the economic loss
attributable to the violation or
$1,000,000.

.

(b)

Civil
forfeiture

Section 981(a)(1)(C) of title 18, United States Code,
is amended by inserting 670, after 657,.

(c)

Technical and
conforming amendment

The table of sections for chapter 31 of
title 18, United States Code, is amended by adding after the item relating to
section 669 the following:

670. Theft of medical
products.

.

3.

Penalties for
theft-related offenses

(a)

Interstate or
foreign shipments by carrier

Section 659 of title 18, United
States Code, is amended in the fifth undesignated paragraph, by striking
10 years and inserting 20 years.

(b)

Racketeering

Chapter
95 of title 18, United States Code, is amended—

(1)

in section
1952(a)(3)(A), by striking 5 years and inserting 20
years; and

(2)

in section
1957(b)(1), by striking ten years and inserting 20
years.

(c)

Breaking or
entering carrier facilities

Section 2117 of title 18, United
States Code, is amended in the first undesignated paragraph by striking
ten years and inserting 20 years.

(d)

Stolen
property

Chapter 113 of title 18, United States Code, is
amended—

(1)

in section 2314,
in the sixth undesignated paragraph, by striking ten years and
inserting 20 years; and

(2)

in section 2315,
in the fourth undesignated paragraph, by striking ten years and
inserting 20 years.

4.

Amendment to
RICO

Section 1961(1)(B) of
title 18, United States Code, is amended by inserting , section 670
(relating to theft of medical products) before , sections
891.

5.

Amendment to
title III

Section 2516(1) of
title 18, United States Code, is amended—

(1)

by redesignating paragraph (s) as paragraph
(t); and

(2)

by inserting after paragraph (r) the
following:

(s)

any violation of section 670 (relating to
theft of medical
products).

.

6.

Amendment to
order of restitution

Section
3663A(c)(1)(A) of title 18, United States Code, is amended—

(1)

in clause (ii), by striking
or at the end;

(2)

in clause (iii), by striking
and at the end and inserting or; and

(3)

by adding at the end the following:

(iv)

an offense under section 670 (relating to
theft of medical products);
and

.

7.

Directive to
United States Sentencing Commission

Pursuant to its authority under section 994
of title 28, United States Code, and in accordance with this Act, the United
States Sentencing Commission shall review and, if appropriate, amend the
Federal Sentencing Guidelines and policy statements applicable to a person
convicted of an offense under section 2118 of title 18, United States Code,
section 670 of title 18, United States Code, as added by this Act, or other
section of title 18 of the United States Code, amended by this Act.

1.

Short title

This Act may be cited as the Safe
Doses Act.

2.

Theft of medical
products

(a)

Prohibited conduct and
penalties

Chapter 31 of title 18, United States Code, is amended
by adding at the end the following:

670.

Theft of medical
products

(a)

Prohibited
conduct

Whoever, in, or using any means or facility of,
interstate or foreign commerce—

(1)

embezzles, steals, or by
fraud or deception obtains, or knowingly and unlawfully takes, carries away, or
conceals, a pre-retail medical product;

(2)

knowingly and falsely
makes, alters, forges, or counterfeits the labeling or documentation (including
documentation relating to origination or shipping) of a pre-retail medical
product;

(3)

knowingly possesses,
transports, or traffics in a pre-retail medical product that was involved in a
violation of paragraph (1) or (2);

(4)

with intent to defraud,
buys, or otherwise obtains, a pre-retail medical product that has expired or
been stolen;

(5)

with intent to defraud,
sells, or distributes, a pre-retail medical product that is expired or stolen;
or

(6)

attempts or conspires to
violate any of paragraphs (1) through (5);

shall be punished as provided in
subsection (c) and subject to the other sanctions provided in this
section.(b)

Aggravated
offenses

An offense under
this section is an aggravated offense if —

(1)

the defendant is employed
by, or is an agent of, an organization in the supply chain for the pre-retail
medical product; or

(2)

the violation—

(A)

involves the use of
violence, force, or a threat of violence or force;

(B)

involves the use of a
deadly weapon;

(C)

results in serious bodily
injury or death, including serious bodily injury or death resulting from the
use of the medical product involved; or

(D)

is subsequent to a prior
conviction for an offense under this section.

(c)

Criminal
penalties

Whoever violates subsection (a)—

(1)

if the offense is an
aggravated offense under subsection (b)((2)(C), shall be fined under this title
or imprisoned not more than 30 years, or both;

(2)

if the value of the
medical products involved in the offense is $5,000 or greater, shall be fined
under this title, imprisoned for not more than 15 years, or both, but if the
offense is an aggravated offense other than one under subsection (b)(2)(C), the
maximum term of imprisonment is 20 years; and

(3)

in any other case, shall
be fined under this title, imprisoned for not more than 3 years, or both, but
if the offense is an aggravated offense other than one under subsection
(b)(2)(C), the maximum term of imprisonment is 5 years.

(d)

Civil
penalties

Whoever violates
subsection (a) is subject to a civil penalty in an amount not more than the
greater of—

(1)

three times the economic
loss attributable to the violation; or

(2)

$1,000,000.

(e)

Definitions

In
this section—

(1)

the term pre-retail
medical product means a medical product that has not yet been made
available for retail purchase by a consumer;

The table of sections at the beginning of chapter 31 of
title 18, United States Code, is amended by adding after the item relating to
section 669 the following:

670. Theft of medical
products.

.

3.

Civil
forfeiture

Section
981(a)(1)(C) of title 18, United States Code, is amended by inserting
670, after 657,.

4.

Penalties for
theft-related offenses

(a)

Interstate or foreign
shipments by carrier

Section 659 of title 18, United States Code,
is amended by adding at the end of the fifth undesignated paragraph the
following: If the offense involves a pre-retail medical product (as
defined in section 670), it shall be punished under section 670 unless the
penalties provided for under this section are greater..

(b)

Racketeering

(1)

Travel Act
Violations

Section 1952 of title 18, United States Code, is
amended by adding that the end the following:

(d)

If the offense under this section involves
an act described in paragraph (1) or (3) of subsection (a) and also involves a
pre-retail medical product (as defined in section 670), the punishment for the
offense shall be the same as the punishment for an offense under section 670,
unless the punishment under subsection (a) is
greater.

.

(2)

Money
Laundering

Section 1957(b)(1) of title 18, United States Code, is
amended by adding at the end the following: If the offense involves a
pre-retail medical product (as defined in section 670) the punishment for the
offense shall be the same as the punishment for an offense under section 670
unless the punishment under this subsection is greater.

(c)

Breaking or entering
carrier facilities

Section
2117 of title 18, United States Code, is amended by adding at the end of the
first undesignated paragraph the following: If the offense involves a
pre-retail medical product (as defined in section 670) the punishment for the
offense shall be the same as the punishment for an offense under section 670
unless the punishment under this section is greater..

(d)

Stolen
property

(1)

Transportation of
stolen goods and related offenses

Section 2314 of title 18, United States
Code, is amended by adding at the end of the sixth undesignated paragraph the
following: If the offense involves a pre-retail medical product (as
defined in section 670) the punishment for the offense shall be the same as the
punishment for an offense under section 670 unless the punishment under this
section is greater..

(2)

Sale or receipt of
stolen goods and related offenses

Section 2315 of title 18, United States
Code, is amended by adding at the end of the fourth undesignated paragraph the
following: If the offense involves a pre-retail medical product (as
defined in section 670) the punishment for the offense shall be the same as the
punishment for an offense under section 670 unless the punishment under this
section is greater..

5.

Inclusion of new offense
as RICO predicate

Section
1961(1)(B) of title 18, United States Code, is amended by inserting ,
section 670 (relating to theft of medical products) before ,
sections 891.

6.

Amendment to extend
wiretapping authority to new offense

Section 2516(1) of title 18, United States
Code, is amended—

(1)

by redesignating paragraph (s) as paragraph
(t);

(2)

by striking
or at the end of paragraph (r); and

(3)

by inserting after paragraph (r) the
following:

(s)

any violation of section 670 (relating to
theft of medical products);
or

.

7.

Required
restitution

Section
3663A(c)(1)(A) of title 18, United States Code, is amended—

(1)

in clause (ii), by striking
or at the end;

(2)

in clause (iii), by striking
and at the end and inserting or; and

(3)

by adding at the end the following:

(iv)

an offense under section 670 (relating to
theft of medical products);
and

.

8.

Directive to the United
States Sentencing Commission

(a)

In
general

Pursuant to its authority under section 994 of title 28,
United States Code, and in accordance with this section, the United States
Sentencing Commission shall review and, if appropriate, amend the Federal
sentencing guidelines and policy statements applicable to persons convicted of
offenses under section 670 of title 18, United States Code, as added by this
Act, section 2118 of title 18, United States Code, or any another section of
title 18, United States Code, amended by this Act, to reflect the intent of
Congress that penalties for such offenses be sufficient to deter and punish
such offenses, and appropriately account for the actual harm to the public from
these offenses.

(b)

Requirements

In
carrying out this section, the United States Sentencing Commission
shall—

(1)

consider the extent to
which the Federal sentencing guidelines and policy statements appropriately
reflect—

(A)

the serious nature of
such offenses;

(B)

the incidence of such
offenses; and

(C)

the need for an effective
deterrent and appropriate punishment to prevent such offenses;

(2)

consider establishing a
minimum offense level under the Federal sentencing guidelines and policy
statements for offenses covered by this Act;

(3)

account for any
additional aggravating or mitigating circumstances that might justify
exceptions to the generally applicable sentencing ranges;